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The Internationalisation of Constitutional Law: A View from the Venice Commission

Sergio Bartole

ISBN13: 9781509942633

Published: June 2022

Publisher: Hart Publishing

Country of Publication: UK

Format: Paperback (Hardback in 2020)

Price: £36.99

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Hardback edition , ISBN13 9781509941476

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In this book one of the longest-standing members of The Venice Commission reflects on the work of the institution to show how constitutional law in Europe (and beyond) has become increasingly borderless.

Over nine chapters, the book tracks the work of the Commission, illustrating the law both in action and in its broader political and historical context. It looks at its treatment of the judiciary and judicial conflicts, including the present crisis of the rule of law in Central Eastern Europe Member States of the European Union. Finally it suggests how all this can only be sensibly understood as a feature of the broader trend towards the internationalisation of constitutional law.

Subjects:: Constitutional and Administrative Law

Contents:: Introduction; 1. The Development of the Role of the Venice Commission; I. The Transition to Democracy and Rule of Law in Central and Eastern Europe; II. The Take-Off of the Activity of the Venice Commission; III. Rule of Law and Separation of Powers; IV. Forms of Government; V. Judicial Review; 2. European Conditionality, Living Constitution and Constitutional Drafting; I. The Many Faces of Conditionality; II. From the Council of Europe to the EU – The Living Constitution; III. Accession of New Member States to the EU; IV. Post-Accession Conditionality and Compliance; V. Constitutional and Legislative Drafting; 3. The European Constitutional Heritage as a Yardstick for the New Democracies; I. The Research of a Parameter; II. Paradoxes and History of the Concept of the European Constitutional Heritage; III. Comparing Western and Eastern Europe Traditions; IV. The Impact of the Western Tradition; 4. The Epiphany of the International Constitutional Law; I. Constitutionalism and International Law; II. International Law, Transnational Law and National Law; III. The Making of International Constitutional Law: The Role of the Venice Commission; IV. Precedents and Examples; 5. International Constitutional Law: Sources and Materials; I. International Law and Transnational Law; II. The Research of the Historical Roots; III. The Dubious Contribution of the Central and Eastern European Countries; IV. Conclusions; 6. The Venice Commission's Contribution to the Internationalisation of Constitutional Law Regarding States' Judicial Organisation; I. Introduction: The Separation of Powers and Its Implementation; II. Judicial Councils and Other Solutions; III. The Functions of Judicial Councils; IV. Budgetary and Financial Matters; V. The Prosecution Service; VI. Crises and Difficulties of the Mediterranean Model; VII. Corruption, Miscarriages and Vetting Procedures; VIII. Conclusions; 7. Constitutional Justice in the Frame of the Rule of Law; I. Setting the Scene; II. Institutional Position and Composition of Constitutional Courts; III. Jurisdiction and Functions; IV. Effects of the Decisions of the Constitutional Courts; V. Tensions between Constitutional Courts and Other Branches of the State; VI. Constitutional Justice, Rule of Law and Dialogue between the Courts; 8. Conclusions and Perspectives; I. The Conclusions of the Research; II. Tensions in the European Union and Symptoms of Backsliding; III. The Reaction of the European Judges; IV. International Constitutional Law: Principles, Norms or Standards?; V. European or Universal Perspectives?; Appendix 1: Monitoring Committee and Venice Commission: 27 Years of Growing Interaction; Appendix 2: Comparative Constitutional Law – An Indispensable Tool for the Creation of Transnational Law